Online defamation and its consequences
Being subjected to offensive comments, false reviews, or derogatory content on social networks, blogs, or forums is a deeply damaging experience. The speed with which information spreads online can significantly and permanently compromise personal and professional reputation, generating anxiety, stress, and concrete economic damages. Many feel helpless in the face of this form of aggression, but it is essential to know that the Italian legal system offers effective tools to defend oneself and obtain fair compensation. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci addresses these situations with the utmost determination, providing targeted legal assistance to protect the honor and reputation of his clients.
The regulatory framework: aggravated defamation on the internet
Defamation is a crime provided for by Article 595 of the Penal Code, which occurs when, by communicating with multiple people, one offends another's reputation. When the offense occurs via the internet, the law provides for a specific aggravating circumstance, as the telematic medium is capable of reaching an indeterminate number of people, exponentially amplifying the damage. To constitute the crime, it is not necessary for the perpetrator to use the victim's full name, but it is sufficient that the victim is clearly identifiable from the context. The victim of online defamation has the right to act on a dual track: to file a complaint within three months from the moment they became aware of the fact for the punishment of the culprit in criminal proceedings, and to initiate a civil action to obtain compensation for all damages suffered, both patrimonial and non-patrimonial.
The Bianucci Law Firm's approach to reputation protection
Addressing an online defamation case requires a strategic and multidisciplinary approach. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is structured in precise and coordinated phases to maximize the chances of success. The first step consists of a detailed analysis of the defamatory content and the collection of evidence (such as screenshots with a certain date, page URLs), essential elements for founding the legal action. Subsequently, the necessary activities are carried out to identify the author of the crime, even when they hide behind a nickname, collaborating with the Postal Police. The firm's strategy aims not only to obtain adequate compensation for damage to image and reputation but also, where possible, to urgently request the removal of harmful content to immediately stop its dissemination.
Frequently Asked Questions
How is online defamation proven?
Proof of online defamation is based on the preservation of the harmful content. It is essential to immediately take screenshots of the web page, post, or comment, ensuring that the URL, date, and time are visible. For greater probative value, it is advisable to have an IT forensic report or a declaration of conformity drawn up by a notary, attesting to the existence and content of the defamatory material present online on a certain date.
How long do I have to file a complaint for defamation?
The deadline for filing a complaint for the crime of defamation is three months. This period does not start from the moment the content is published online, but from the day the offended person became aware of it. It is crucial to act promptly so as not to lose the right to criminally prosecute the perpetrator of the crime.
What to do if the author of the defamatory comment is anonymous?
Even if the author hides behind anonymity, it is not impossible to trace their identity. It is necessary to file a complaint against unknown persons with the Postal Police or the Public Prosecutor's Office. The investigating authorities will initiate investigations to trace the IP address used for publication and, through internet service providers, will be able to identify the responsible person.
Is it possible to obtain only compensation without a criminal complaint?
Yes, it is possible to undertake an action exclusively in civil court to request compensation for damages, without necessarily filing a criminal complaint. However, criminal action often facilitates the ascertainment of the fact and the identification of the responsible party, laying solid foundations also for the subsequent request for compensation in civil court.
Contact the firm for an evaluation of your case in Milan
If your personal or professional reputation has been damaged by defamatory content published online, it is essential to act quickly and competently. Entrusting yourself to a lawyer with consolidated experience in the field is the first step to defending your rights and restoring your integrity. Avv. Marco Bianucci offers consultation and legal assistance in Milan for defamation damages compensation actions. Contact the law firm to present your case and receive a clear and professional evaluation of the actions to be taken.